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CA court shuts down website accessibility claims for online-only businesses

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By Jeff Margulies (US) & Eva Yang (US) on October 13, 2022

The California Court of Appeal has issued a precedent-setting decision holding that the ADA does not apply to online-only businesses. The decision brings some much needed clarity for online-only businesses in California, although the federal courts are still split on…

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California enacts PFAS prohibition for textiles

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By Jeff Margulies (US), Will Troutman (US) & Ray Muro (US) on September 30, 2022

California Governor Gavin Newsom has signed AB 1817 into law, adding to the growing list of state legislation restricting the use of PFAS substances in a variety of consumer products.

As of January 1, 2025, AB 1817 prohibits the manufacture…

Uyghur Forced Labor Prevention Act enforcement strategy released

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By Jeff Margulies (US), Will Troutman (US) & Phil Di Tullio (US) on June 17, 2022

While we will have more to say shortly on the strategy itself, we wanted to make sure you all saw that the U.S. Government has released its enforcement strategy for the UFLPA, as well as its initial “entity” list. Check…

Compliance with Uyghur Forced Labor Prevention Act remains a big “?”

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By Will Troutman (US) & Phil Di Tullio (US) on May 26, 2022

The US continues to trail much of the world in the business human rights space, as there currently are no broad-based federal modern slavery laws similar to the UK or Australia modern slavery acts, nor any proposed federal legislation addressing…

Prop 65 proposed short form warning regulation lapses

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By Jeff Margulies (US), Will Troutman (US), Lauren Shoor (US) & Eva Yang (US) on May 25, 2022

There has been yet another update in the series of the latest Proposition 65 proposed rulemaking regarding short-form warnings. On January 8, 2021, the California Office of Environmental Health Hazard Assessment’s (OEHHA) announced that it would amend the regulation relating…

US lamp saga continues with onset of 45 lpw rule

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By Will Troutman (US) & Ray Muro (US) on May 23, 2022

In a fitting continuation of the battle for light bulbs, the US Department of Energy recently finalized rules prohibiting the sale of most general use lamps with an efficiency rating of less than 45 lumens per watt (lpw)(for anyone new…

California issues second set of revisions to Prop 65 short form warning regulation

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By Jeff Margulies (US), Will Troutman (US) & Eva Yang (US) on May 3, 2022

In the latest twist in California’s never-ending saga to amend the Proposition 65 “short-form” warning regulation, there’s now been a second proposed change. The California Office of Environmental Health Hazard Assessment (OEHHA) has been for some time attempting to…

Ninth Circuit upholds preliminary injunction barring Prop 65 acrylamide lawsuits

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By Jeff Margulies (US) on April 12, 2022

A year ago, we wrote about a preliminary injunction that barred new lawsuits seeking to enforce California Proposition 65 cancer warning requirements for acrylamide in food. That injunction was appealed, and on March 17, the Ninth Circuit Court of Appeals–which …

California moves forward with revisions to Prop 65 short-form warning regulation

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By Jeff Margulies (US), Will Troutman (US) & Lauren Shoor (US) on January 3, 2022

Eleven months after issuing its original proposal to significantly restrict the use of so-called “short-form” Prop 65 safe harbor warnings, the California Office of Environmental Health Hazard Assessment (OEHHA) published a revised proposed regulation on December 13, 2021.

The original…

Plaintiffs must actually intend to use services for website accessibility claims

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By Jeff Margulies (US) & Eva Yang (US) on October 25, 2021

Businesses scored a win in a recent California Court of Appeal decision affirming a defense jury verdict in a website accessibility lawsuit. In Cheryl Thurston v. Omni Hotels Management Corp., the court held that for a plaintiff to prevail…

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